in Re: Mark Schwarz, Newcastle Capital Management, L.P.

DENY; and Opinion Filed February 8, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00046-CV
IN RE MARK SCHWARZ, NEWCASTLE CAPITAL MANAGEMENT, L.P.,
NEWCASTLE CAPITAL GROUP L.L.C.,
AND GEOWORKS CORPORATION, Relators
Original Proceeding from the 298th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-08-00144-M
MEMORANDUM OPINION
Before Justices Brown, Schenck, and Reichek
Opinion by Justice Brown
In this original proceeding, relators seek a writ of mandamus directing the trial court to
vacate a September 25, 2018 order that vacated the associate judge’s protective order as to three
recorded conversations relators maintain are privileged and contain trade secrets. To be entitled
to mandamus relief, a relator must show both that the trial court has clearly abused its discretion
and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124,
135–36 (Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relators have
not shown they are entitled to the relief requested. Accordingly, we deny relators’ petition for writ
of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court
determines relator is not entitled to the relief sought).
/Ada Brown/
ADA BROWN
JUSTICE
190046F.P05
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